I got a Construction Zone ticket what should I do?

How much is a California Speeding in a Work Zone Traffic Ticket?

How much is a speeding ticket in a construction zone in California? The penalty for speeding in a work zone is: a) up to $400 if under 15 miles per hour, b) up to $600 for speed between 16 to 25 MPH, and c) up to $700 for speed above 26 MPH.

California Speeding in a Work Zone Traffic Ticket

In California, traffic fines are more serious if they happen in a work zone. This is because work zones are dangerous places with lots of distractions, and drivers need to take speed limits seriously.

Recently, California doubled the fines for speeding in a construction zone. These fines apply even if there were no workers on the road at the time of the speeding violation. In California, there is no option to attend traffic school to avoid paying fines as other states allow. The only benefit to attending traffic school is removing the points from your license.

Vehicle Code 22362 VC

It is prima facie a violation of the basic speed law for any person to operate a vehicle in excess of the posted speed limit upon any portion of a highway where officers or employees of the agency having jurisdiction of the same, or any contractor of the agency or his employees, are at work on the roadway or within the right-of-way so close thereto as to be endangered by passing traffic. This section applies only when appropriate signs, indicating the limits of the restricted zone, and the speed limit applicable therein, are placed by such agency within 400 feet of each end of such zone. The signs shall display the figures indicating the applicable limit, which shall not be less than 25 miles per hour, and shall indicate the purpose of the speed restriction. Nothing in this section shall be deemed to relieve any operator of a vehicle from complying with the basic speed law.

california speeding in a work zone ticket

Legal Definition of Speeding in a Work Zone

The law defines speeding in a work zone to be driving faster than the posted speed limit within 400 feet of a construction zone. Speeding in a work zone is a different offense from speeding.

Work zones can have speed limits of as low as 25mph, so it is important to pay attention when you see those orange signs.

Penalties for Speeding in a Work Zone

The penalties for speeding in the work zone are much higher than a normal speeding ticket. Speeding in a work zone may carry the following penalties:

Points on the driver’s license
Speeding tickets
A fine of up to $600
License suspension in cases of excess speed

Speeding in a Work Zone Prima Facie

Speeding in a work zone is a prima facie violation under 22362 VC. Instead of being innocent until proven guilty, you are presumed to be in violation of the law, and the burden of the proof is on the defendant.

The defendant can prove they were innocent by proving that work zone signs were not posted, and therefore, it was not clear that it was a work zone. They may also prove that the signs were posted more than 400ft from the worksite.

Construction Zone Ticket FAQ

Can I Take Traffic School for Speeding in a Work Zone

Yes if have a valid driver’s license and the offense occurred while driving a noncommercial vehicle. You still must pay the traffic fine. You won’t get any points on on your driving record after completing the school. It is easy, takes about 2 hours, you keep your good driver insurance discount. If you don’t take traffic school then your auto insurance price will go up for 3 years and will end up costing more than your fine.

What if I want to cancel?

Call us anytime to cancel your traffic school.

I paid traffic school to the court.

The court charges a fee to accept your traffic school completion and they keep that fee for their own operations

Can I fight my ticket?

You can and if you end up not winning just ask the Judge to allow you to take traffic school. You will preserve your right to traffic school. The court often sends a letter that says your “automatic” right to traffic school is rescinded if you fight your ticket and that is not really correct.

Can I ignore my ticket?

Two things happen if you ignore a speeding ticket. These are:

You violate a new law, California Vehicle Code 40508 VC, for the failure to appear in court on a traffic citation; and,
You may receive penalties for violating VC 40508.

How many points are put on my driving record if I speed in a construction zone?

Violators of Vehicle Code 22362 will receive one point on their DMV driving record.⁷

Points assessed on a motorist’s record are reported to that motorist’s insurance carrier. The result is typically an increase in the driver’s insurance rates for several years.

If a person accumulates a certain number of points within a 1-,2- or 3-year period in California, the DMV can declare that person a negligent operator. If this is done, the DMV can suspend or even revoke that person’s driving privileges. Either action requires a California DMV hearing.

To keep points off of your record, do traffic school.

What is the most common legal defense for this ticket?

A common defense relates to the signs posted near the construction zone. Vehicle Code 22362 states that speed limit signs must be posted within 400 feet of each end of a construction zone. A motorist accused of violating VC 22362 can challenge the ticket by arguing that these signs were not present; or, were posted less than the requisite 400 feet.